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Patna High Court

Shyam Kishore MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that the delay infringed his right to a speedy trial.

Summary

Shyam Kishore Mishra, accused under Sections 8, 20(b)(ii)(C), 25 and 29 of the NDPS Act, has been in custody since 14 September 2022. His first bail application was rejected in September 2023 with a direction to expedite the trial. The second bail petition highlighted that only seven of nine prosecution witnesses have been examined, resulting in a three‑year‑plus delay, allegedly violating his right to a speedy trial under Article 21. The State could not dispute these factual submissions. The Court, noting the inordinate delay and the precedent of Hussainara Khatoon, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. Sec. 437(3) and BNSS Sec. 480(3).

Issues considered

  • Whether the prolonged pre‑trial detention violates the petitioner’s right to a speedy trial under Article 21
  • Whether bail should be granted in view of the delay and the pending trial under the NDPS Act

Legislation cited

Subjects

  • bail
  • speedy trial
  • pre‑trial detention
  • NDPS Act
  • Article 21
  • fundamental rights
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58717 of 2025
                    Arising Out of PS. Case No.-218 Year-2022 Thana- KUTUMBA District- Aurangabad
                 ======================================================
                 Shyam Kishore Mishra S/O Late Jitvahan Mishra Resident of village-
                 Barheta, P.S.- Kutumba, District- Aurangabad
                                                                    ... ... Petitioner
                                                    Versus
           1.     The State of Bihar Patna
           2.    Deputy Superintendent of Police Economic Offence wing (Unit) Bihar,
                 Patna Patna

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bachhan Jee Ojha, Advocate
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha, APP
                 For the EOU              :      Mr.Vijay Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   09-02-2026                  Heard Mr. Bachhan Jee Ojha, learned counsel

                   appearing on behalf of the petitioner and Mr. Vijay Anand,

                   learned counsel appearing for the Economic Offence Unit,

                   Bihar.

                               2. The accused/petitioner named in the First

                   Information Report seeks bail in connection with Kutumba

                   P.S. Case No. 218 of 2022 registered for the offences under

                   Sections 8/20 (b)(ii)(C), 25 and 29 of the Narcotic Drugs and

                   Psychotropic Substances Act.

                               3. This is the second successive bail petition of the

                   petitioner, who is in custody since 14.09.2022. The first
Patna High Court CR. MISC. No.58717 of 2025(3) dt.09-02-2026
                                            2/4




          prayer of bail of the petitioner was rejected through Cr. Misc.

          No. 33951 of 2023 dated 19.09.2023 with a direction to the

          learned trial court to expedite the trial as soon as possible.

                      4. Taking shelter of the aforesaid direction, it is

          submitted by learned counsel appearing on behalf of the

          petitioner that despite of the fact that petitioner remains in

          custody since 14.09.2022, i.e. since last three years and five

          months, the matter is still pending for examination of

          prosecution witnesses, as out of nine charge-sheeted

          witnesses, only seven prosecution witnesses have been

          examined till date.

                      5. It is submitted that in want of trial, petitioner

          cannot be kept behind the bar for an indefinite period. It is

          submitted that such inordinate delay in trial appears to violate

          the fundamental right of petitioner qua speedy trial, and, in

          support of his submission, learned counsel relied upon the

          legal report of Hon’ble Supreme Court as available through

          Hussainara Khatoon & Ors Vs. Home Secretary State

          of Bihar [1980 (1) SCC 98].

                      6. It is submitted that considering the aforesaid
Patna High Court CR. MISC. No.58717 of 2025(3) dt.09-02-2026
                                            3/4




          aspect, similarly situated co-accused namely, Rohit Kumar

          Mishra was granted bail by one of the learned coordinate

          Bench of this Court through Cr. Misc. No. 70183 of 2025

          dated 22.12.2025.

                      7. Learned A.P.P. for the State duly assisted by Mr.

          Vijay Anand, learned counsel appearing for the EOU, while

          opposing the prayer of bail of the petitioner, could not

          disputed the aforesaid factual submission as advanced by

          learned counsel for the petitioner.

                       8. In view of aforesaid factual submission and by

          taking note of the fact as petitioner remains in custody since

          14.09.2022 i.e. three years and five months and still the trial

          is pending in want of examination of prosecution witnesses,

          which prima facie suggests violation of fundamental right of

          petitioner qua speedy trial as available under Article 21 of the

          Constitution of India, accordingly, above-named petitioner is

          directed to be released on bail, furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand only) with two sureties of

          the like amount each to the satisfaction of learned Special

          Judge (N.D.P.S.)-cum-A.D.J. - 1st, Aurangabad/concerned
           Patna High Court CR. MISC. No.58717 of 2025(3) dt.09-02-2026
                                                         4/4




                     court, in connection with Kutumba P.S. Case No. 218 of

                     2022, subject to the condition as laid down under Section

                     437(3) Cr.P.C/Section 480(3) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”) with further condition:

                                     (I) That accused/petitioner shall not made any
                                     attempt        to     delay     trial,   failing   so,   the
                                     State/informant shall be at liberty to move
                                     before the Trial Court itself for the cancellation of
                                     bail bond of the petitioner, which shall be decided
                                     by trial court itself after giving opportunity of
                                     hearing to the petitioner.
                                     (ii) Accused/Petitioner shall physically present
                                     on each and every date before the Trial Court till
                                     conclusion of the trial and exemption from
                                     physical appearance be allowed by the Trial
                                     Court, only on medical ground of the petitioner
                                     duly supported by the documents.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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